Everybody IN Toolkit Terms & Conditions

Council for the Homeless (“CFTH”), in Clark County, Washington, created the Everybody IN® program as a locally-rooted program to connect people to housing resources and support services in their community that fit their needs and allow them to live their fullest lives, and which can be adapted in other communities. Council for the Homeless wants to make this program available to other charitable organizations pursuant to the royalty-free license in these Terms of Use. These Terms of Use define uses authorized without requiring prior written permission from CFTH, and any other uses do require written permission from Clark County Council for the Homeless.

1. General Terms of Use

Everybody IN®, and the Everybody IN® logo, separately or in combination, are referred to herein as the “CFTH Trademarks” and are owned by Council for the Homeless. Except as provided in these guidelines, You may not use the CFTH Trademarks or any confusingly similar mark as a trademark for Your organization or services, or use the CFTH Trademarks in any other manner that might cause confusion in the marketplace, including but not limited to in advertising or on websites. CFTH protects the CFTH Trademarks on behalf of the housing advocacy community. The law obligates trademark owners to police their marks and prevent the use of confusingly similar names by third parties. If You have questions about this policy, please contact Council for the Homeless at info@councilforthehomeless.org.

The Everybody IN® Toolkit (the “Toolkit”) is made available by permission for public awareness campaigns, prepared statements, social media pages, advocacy training and similar uses. The Toolkit includes copyright-protected works as well as the Everybody IN® Trademarks and is also subject to these Terms of Use.

The CFTH Trademarks and Toolkit may only be used as described herein and any other use is prohibited unless expressly agreed by CFTH in a separate written agreement. By accessing and downloading or copying the Everybody IN® Trademarks and/or Toolkit, You agree to these terms and conditions.

2. Uses That Do Not Require Prior Written Permission

Below are the guidelines for use of the CFTH Trademarks which do not require advance written permission from CFTH, so long as You comply with all the guidelines. Any other use shall require separate express consent from CFTH, which CFTH may withhold at CFTH’s
sole discretion.

2.1 Purpose

Use of CFTH Trademarks and Toolkit is limited to noncommercial, nonprofit charitable uses related to housing-first programs providing housing and support services to homeless/unhoused people in their own communities, and public education/engagement and advocacy programs in support of such programs (hereinafter the “Purpose”). Commercial use or any for-profit use is expressly prohibited. Use in conjunction with, or promoting, any unlawful acts or purpose is expressly prohibited.

You must either be: (i) a charitable organization, as defined by the Internal Revenue Code Section 501(c)(3), promoting and/or engaged in charitable activities consistent with the Purpose (Section 1.1), or (ii) an individual or organization promoting and/or carrying out activities consistent with the Purpose (Section 1.1), either working with a charitable organization or independently.

2.2. Nonpartisan

CFTH Trademarks and Toolkit may not be used for partisan political purposes, to endorse any candidate for political office or political party/organization or political platform, nor any other use inconsistent with CFTH’s limitations and obligations as a charitable organization established under Internal Revenue Code Section 501(c)(3) (or any successor law).

2.3 Equity

CFTH is committed to creating an equitable organization that is inclusive and representative of the communities we serve. As community leaders and advocates with a mission to end homelessness in our community, we must continually pay attention to the historical and persistent systemic racism and oppression that have shaped housing services throughout our country’s and community’s history. By providing community leadership, compelling advocacy, and practical solutions in an anti-racist and anti-oppressive way, we will work to create a more equitable path to ending homelessness. CFTH Trademarks and Toolkit may not be used for, or in support of, organizations or programs which discriminate against aid recipients on the basis of race, ethnicity, national origin, religion, gender or sexual orientation. The preceding does not exclude organizations which may be organized upon religious, gender or national heritage-based memberships, so long as You do not disparage or discriminate against aid recipients on the prohibited bases, and comply with the other terms of this open-source license.

2.4 Nondisparagement

The intended and actual use of the CFTH Trademarks and Toolkit must not disparage CFTH and does not bring CFTH or other Licensees into disrepute.

2.5 Nonviolence

The CFTH Trademarks may not be used in association with, or in support of, violent or unlawful organizations, programs, campaigns
or actions.

2.6 Acknowledgement

Except as prohibited by law, You acknowledges that CFTH is the sole and exclusive owner of the CFTH Trademarks and agrees that it will do nothing inconsistent with such ownership either during the term of such use or afterwards. Specifically, You will take no action that will interfere with or diminish CFTH’s right in the CFTH Trademarks. The You acknowledges that the CFTH Trademarks are valid under the applicable law and that Your utilization of the CFTH Trademarks will not create any right, title or interest in the CFTH Trademarks. You agree not to apply or assist any third party to register the CFTH Trademarks or a confusingly similar designation anywhere in the world. If any application for registration is or has been filed by or on behalf of You in any country and relates to any mark which, in the reasonable opinion of CFTH, is confusingly similar, deceptive or misleading with respect to, or dilutes or any way damages the CFTH Trademark, You shall, at CFTH’s request, abandon all use of such mark, and any registration or application for registration thereof and shall reimburse CFTH for all costs and expenses of any CFTH or related legal proceeding, including attorneys’ fees, instigation by CFTH or its
authorized representative.

2.7 No Implied Endorsement

You may not use the CFTH Trademarks or Toolkit in a manner which implies affiliation, sponsorship or endorsement by CFTH or other Licensees of You or Your organization, beyond the promotion of common goals. Although we may share common concerns and goals, You are not CFTH, and CFTH is not You.

3. Trademark Usage Guidelines

3.1 Trademark Use

When using the “Everybody IN” marks, You must include the ® symbol and the statement “Everybody IN is a trademark of the Clark County Council for the Homeless in Clark County, Washington, and is used here by permission.”

3.2 Text

Distinguish the mark (Everybody IN) from the surrounding text to ensure the mark is identifiable. Do not translate the mark into another language. Do not modify the mark or combine or blend it with other marks, nor combine it with Your logo, however, You may include the location where You are providing charitable services within the logo, or in using the word mark in text, following the “Everybody IN ________”, for example, “Everybody IN Clark County”.

3.3 Logo

When utilizing the Everybody IN® logo, the entire Everybody IN® graphic must be used, including the purple-yellow color pallet, and the words “Everybody IN Housing + Services”. Do not translate the mark into another language. Do not modify the mark or combine or blend it with other marks, nor combine it with Your logo, however, You may include the location where You are providing charitable services within the logo, or in using the word mark in text, following the “Everybody IN ________”, for example, “Everybody IN Clark County”.

3.4 Linking

Where possible, a link to the Clark County Council for the Homeless website should be included.

4. Copyright License

Subject to the terms and conditions herein, CFTH grants permission to You to use the contents of Everybody IN® Toolkit and associated documentation, free of charge.

4.1 Content Use

When using content from the Everybody IN® Toolkit, whether images, photographs or text, You must include the statement “Copyright owned by Clark County Council for the Homeless, in Clark County, Washington (CFTH). Used with permission of CFTH. All rights reserved.” Additionally, the word or logo CFTH Trademark should be used in conjunction with the content, on each
page or segment.

4.2 Derivative Works

You may modify and/or combine the Toolkit content to create new works of authorship (“Derivative Works”), but solely for use consistent with the Purpose (Section 1.1), and subject to the other terms and conditions herein. Derivative Works should include attribution of CFTH as the source of the original content, in a manner appropriate to the use.

5. Termination

CFTH shall have the right to terminate Your use of the CFTH Trademarks and Toolkit if you violate the terms of these Terms of Use or, in CFTH’s sole judgment, Your use is likely to decrease the good will associated with the CFTH Trademarks and/or the reputation of the Everybody IN® programs. In the event of termination, You must immediately cease all use of the CFTH Trademarks and Toolkit and CFTH reserves the right to pursue any legal and/or equitable remedies available to it.

6. Miscellaneous Terms

6.1 No Partnership

CFTH and You are independent and the use of the CFTH Trademarks and/or Toolkit does not, and shall not be implied to, create a partnership, joint venture or association between CFTH and You.

6.2 No Representations or Warranties by CFTH; Limitation of Liability.

The CFTH Trademarks and Toolkit are provided as-is, without any representations or warranties of accuracy, fitness for a particular purpose, third-party rights, nor any express or implied indemnification by CFTH. CFTH shall not be liable to You or any user of the CFTH Trademarks and/or Toolkit for any loss or damages, including but not limited to lost revenue or profits or other direct, indirect, special, incidental or consequential damages, even if they have been advised of the possibility of such damages.

6.3 Severability

If any provision of these Terms of Use are held invalid by any court, then the other provisions shall remain effective consistent with the Purpose of these Terms of Use.

6.4 Governing Law; Venue; Attorney Fees

These Terms of Use and any disputes arising out of or related hereto, will be governed exclusively by the laws of the State of Washington and the United States, without regard to conflicts of laws provisions. Any dispute arising out of or relating to these Terms of Use, or its formation, interpretation or enforcement, shall be brought exclusively in the state courts in Clark County, Washington, or in federal court in the Western District of Washington, and You and CFTH hereby consent to venue and personal jurisdiction in these courts. In the event of any dispute arising from, connected to, or relating to this agreement, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.